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il63 [147K]
3 years ago
13

The constitution reflects the principle separation of powers because it

Law
1 answer:
iragen [17]3 years ago
7 0

Answer:

Provides a system of checks and balances between the Executive, Judicial and Legislative branches, where the powers of each branch are limited by the others.

Explanation:

The constitution frames the ideal of separation of powers as crucial for limiting any hegemonic power that might prevail. During the debates that framed the US constitution, James Madison argued that sectoral interests should be protected against the coercion of any majority, which led to the drafting of a constitution that protected individual liberties from the coercion of the majority. Thus the constitution states that the executive branch, who can appoint judges and veto laws,  should  be limited by the legislative branch, in charge of enacting laws, and the judicial branch, in charge of interpreting and applying the law.

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The significant U.S. Supreme Court case Madison, 5 U.S. (1 Cranch) 137 (1803), which established the idea of judicial review in the nation, gave American courts the power to declare laws and statutes unconstitutional.

The Marbury v. Madison decision by the U.S. Supreme Court in 1803 established the judicial review principle and gave federal courts the authority to deem legislative and executive actions unlawful. Chief Justice John Marshall penned the unanimous opinion.

Marbury v. Madison strengthened the federal judiciary by granting the federal courts the ability to declare legislation, as well as executive and administrative acts, unconstitutional with the U.S. Constitution and, as a result, null and invalid.

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